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Agency Worker's Rights and Vacancies
The Agency Workers Regulations 2010 require that agency workers must have access to information about job vacancies at the hirer and to have the “same opportunity as a comparable worker to find permanent employment with the hirer”.

However, the question posed to an Employment Appeal Tribunal was, does this just mean making the advert available to Agency Workers currently working for the Organisation or does it mean that they have an equal right to be considered alongside existing employees?

The EAT decided that in this particular case (Coles vs Ministry of Defence) that the requirement was only to publish the details of the post and that Mr Coles did not have the right to an interview. The situation had arisen because of an internal restructuring and employees affected were able to apply for positions at similar grades - including the vacancy that Mr Coles had been covering.
Posted on 19 Nov 2016


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